What is the test for adverse action by a correctional officer against an inmate who was protesting against the use of the word "sensationalist" in a news conference?
MultiRegion, United States of America
The following excerpt is from Davis v. Molina, Case No. 1:14-cv-1554 LJO-BAM (PC) (E.D. Cal. 2018):
protected conduct was a "substantial factor" or "motivating reason" for the adverse action; (4) the adverse action chilled the inmate's exercise of First Amendment rights; and (5) the adverse action did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (footnote omitted); Brodheim v. Cry, 584 F.3d 1262, 1269-72 (9th Cir. 2009).
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